BILL NUMBER: AB 1375 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chau
( Coauthor: Assembly Member
Gordon )
FEBRUARY 22, 2013
An act to add Section 16428.96 to the Government Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1375, as amended, Chau. California Global Warming Solutions Act
of 2006: market-based compliance mechanisms: Clean Technology
Investment Account.
The California Global Warming Solutions Act of 2006, hereafter the
Global Warming Solutions Act, designates the State Air Resources
Board as the state agency charged with monitoring and regulating
sources of emissions of greenhouse gases. The act authorizes the
state board to include use of market-based compliance mechanisms.
Existing law requires all moneys, except for fines and penalties,
collected by the state board from the auction or sale of allowances
as part of a market-based compliance mechanism to be deposited in the
Greenhouse Gas Reduction Fund and to be available upon appropriation
by the Legislature. Existing law requires the Department of Finance,
in consultation with the state board and any other relevant state
agency, to develop, as specified, a 3-year investment plan for the
moneys deposited in the Greenhouse Gas Reduction Fund. That law
permits money from the fund be allocated for research, development,
and deployment of innovative technologies, measures, and practices
related to programs and projects funded under the Global Warming
Solutions Act. That law also prohibits the state from using moneys in
the fund unless the state determines that the use of the moneys
furthers the regulatory purposes of the Global Warming Solutions Act.
This bill would create the Clean Technology Investment Account
within the Greenhouse Gas Reduction Fund and would require the
Legislature to annually appropriate money from the Greenhouse Gas
Reduction Fund into the Clean Technology Investment Account. This
bill would make the funds available to the State Air Resources
Board of the purposes of providing grants to nonprofit public benefit
corporations to design and implement programs for the
research, development, demonstration, and
deployment of the above-described Global Warming Solutions
Act programs and projects while creating jobs and reducing greenhouse
gas emissions by companies and entrepreneurs of
transformative technologies that would reduce or have the potential
to reduce greenhouse gas emissions and foster job creation in the
state .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that moneys in the Clean Technology Investment Account be used to
facilitate the achievement of reductions of greenhouse gas emissions
in this state consistent with paragraph (7) of subdivision (c) of
Section 39712 of the Health and Safety Code.
SECTION 1. SEC. 2. Section 16428.96
is added to the Government Code, to read:
16428.96. (a) There is hereby created the
Clean Technology Investment Account within the Greenhouse Gas
Reduction Fund, established pursuant to Section 16428.8. Moneys in
the fund shall be appropriated annually by the Legislature in the
Budget Act from the Greenhouse Gas Reduction Fund to the Clean
Technology Investment Account. The moneys in the account
shall be available to implement the provisions of paragraph (7) of
subdivision (c) of Section 39712 of the Health and Safety Code to
facilitate and fund the research, development, and deployment of
innovative technologies while creating jobs and reducing greenhouse
gas emissions.
(b) Moneys in the account shall, upon appropriation by the
Legislature in the annual Budget Act, be expended by the State Air
Resources Board for the purposes of accelerating the development and
deployment of clean technologies that will reduce greenhouse gas
emission and will foster job creation in California by awarding
grants to nonprofit public benefit corporations formed pursuant to
the Nonprofit Corporation Law (Division 2 (commencing with Section
5000) of the Corporations Code) that is qualified to do business in
California and is qualified under Section 501(c)(3) of the Internal
Revenue Code to design and implement programs that accelerate the
development, demonstration, and deployment by companies and
entrepreneurships of transformative technologies that will reduce or
have the potential to reduce greenhouse gas emissions and foster job
creation in California.
(c) Priority shall be given to nonprofit public benefit
corporations that have one or more of the following:
(1) A demonstrated ability to accelerate innovative technologies
intended to reduce greenhouse gas emissions.
(2) A demonstrated ability to attract private capital.
(3) Access to broad network of resources, including, but not
limited to, sponsoring entities, outside venture capital, academia,
volunteers, and mentors.
(4) Operate as part of a larger effort, whether national or
international, that it can leverage for the purposes of the programs
designed pursuant to subdivision (b).
(5) An ability to match public funds with private resources,
whether actual cash or in-kind contributions.
(d) Prior to disbursing grants pursuant to this section, the State
Air Resources Board shall develop and adopt project solicitation and
evaluation guidelines. The board shall conduct a public meeting to
consider public comments prior to finalizing the guidelines. At least
30 days prior to the public meeting, the board shall publish the
draft solicitation and evaluation guidelines on its Internet Web
site.
(e) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 does not apply to the development of program
guidelines and solicitation and evaluation guidelines.